An Open Letter from Phil Bongiorno, Executive Director of the Home Care Association of America:
Today, in the case of the Home Care Association of America, et al v. David Weil, et al, Judge Richard J. Leon ruled in our favor vacating a remaining key component of the U.S. Department of Labor’s regulations that would have effectively eliminated the longstanding companion care exemption under the Fair Labor Standards Act (FLSA). The Department’s rule, modifying the FLSA, was set to take effect on January 1, 2015. This decision vacates the remaining key components of the final regulation, resolving concerns with both the Department’s updated definition of companion care and the exemption’s application to third party employers.
This decision reinforces the Court’s previous decision on December 22 resulting in a clear victory for clients of home care providers, including seniors and individuals with disabilities, who depend on these essential services to remain independent.
HCAOA and the home care community have long held the Labor Department’s regulatory actions in this area were outside the bounds of the law. Today’s decision provides hope to many who had feared they would no longer be able to afford home care services due to the Labor Department’s overreach. This is an incredible victory for HCAOA and the home care industry!
As stated, this victory in the federal district court is an incredible achievement in our efforts to place a judicial check on an administrative action that we believe exceeded congressional authority. If you have not already done so, we urge you to contribute to the HCAOA General Fund (donate HERE) to help us to counter the federal government who will likely appeal this decision and use extensive resources to continue to fight on this issue. We urge you to contribute today!
Executive Director, HCCOA